Upon the expiry or termination of this Agreement, the Service Provider will return to the Customer any property, documentation, records, or Confidential Information which is the property of the Customer. In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:. In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation.
If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation.
If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of New South Wales. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of New South Wales.
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision. The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of New South Wales, without regard to the jurisdiction in which any action or special proceeding may be instituted.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. This is version 2 , from 3 years ago. Suggest changes by making a copy of this document. Your changes were successfully saved. The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer.
The Service Provider is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement. Term of Agreement 3. The Compensation will be payable upon completion of the Services. Include a near-exhaustive list of what will be covered. Once you have defined the parties, the product, and the length of coverage, you will begin drafting the body of the service contract. One of the most important provisions of your contract will be the discussion of what will be covered under the agreement.
In a service contract, coverage will include any number of maintenance or repair activities. For example, if you have purchased a sound system from a seller, that seller may request language that looks like this: In general, you will want to be as detailed as possible so there is no misunderstanding between parties.
List any exclusions to coverage. Once you have listed what will be covered under your service contract, you will have to define what will NOT be covered under the service contract. All labor for maintenance and repair for any equipment that is not part of the System; all labor for the movement, removal, reconfiguration, or other changes to any portion of the System; all charges by any third parties in connection with the services Sellers provides under this Agreement, including utilities and other contractors; all state and local taxes or fees imposed with respect to the services provided under this Agreement; and any cost, including labor, necessary to repair equipment due to improper use or storage of the System.
In some service contracts, especially those regarding vehicles, a contract may include a provision about duties. In this provision, which usually favors the seller, there may be extra requirements a buyer will have to comply with before they will be covered under the service contract. For example, in a service contract regarding a vehicle, a seller may request language that looks like this: All verifiable receipts must be retained for any service work and may be requested by Sellers before performing their duties.
Determine how claims will be filed. Another important section will define how claims will be filed, which is to say how the buyer will ask the seller to perform any maintenance or repair. For example, if you are writing a service contract about a vehicle, a filing provision may look something like this: Include any necessary boilerplate language.
Boilerplate provisions are specific clauses included in almost all contracts that have a known meaning and a predictable outcome. Add space for signatures. At the end of your service agreement, you will provide space for all parties to sign and date the contract.
When the contract is ready, send it to the other party. The other party will examine the contract to ensure that the terms suit them. In some cases the other party will sign and return the contract right away. More often, he or she will respond with a counteroffer. If there is a counteroffer, be sure to read any changes carefully and decide whether they are acceptable before you sign. If you want to speed things along you can include a date by which the contract should be signed, addressed or rejected.
Otherwise, the other party is obligated to respond "within a reasonable amount of time," but this is highly subjective. You can revoke an offer that has not yet been accepted. For example, if you present someone with an offer and he is considering it but has not accepted the offer, you can tell him that you have changed your mind. However, once the offer has been accepted, you've entered into a binding agreement.
Negotiate until an agreement is reached. It's common for the parties to go back and forth with changes to the contract until they are both satisfied with the terms.
The parties are welcome to change the contract in any way that they want, so long as the other party sees the changes and has the opportunity to respond. Make sure that you are completely satisfied with the terms before signing the contract. It is very important to read through the whole contract before signing it to insure that there are no changes added without your knowledge.
After signing, you are legally obligated to perform under the terms of the contract. When you and the other party are both in agreement that the contract is final, sign and date the contract and have the other party do so as well. These electronic signatures are used in place of a written signature and are legally binding.
You may want to stipulate that the contract takes effect upon signing. In other cases, you may want the contract to take effect at a certain date.
Include your email address to get a message when this question is answered. Already answered Not a question Bad question Other. Tips You can find templates for many types of contracts online. Rocketlawyer , Law Depot , and Tidy Form all provide templates. All contracts must be prepared in accordance with state laws, so be sure you are aware of any requirements in your area. When signing a contract, you should sign as many copies as needed so you can keep them for your records. Until an offer is accepted, the person who made the offer, called the offeree, may revoke or modify the offer.
Warnings You are legally obligated to abide by the terms of any contract you sign. You can be sued for breach of contract, so make sure you understand exactly what the contract covers.
This Writer Services Agreement is part of the Writer Contract (defined below) between the Writer and Scripted Inc. (“Scripted”), effective upon Writer’s acceptance of .
Construction, photography, writing, and more: no matter your industry, we have the service contracts you need to get paid. We have updated the terms and conditions of our Rocket Lawyer On Call® Service Level Agreement that apply to your use of the platform and products and services provided by Rocket Lawyer.
Writing a Service Agreement Letter Use this sample service agreement letter as a template for your formal notification. A service agreement letter is used by a professional service provider or other trading business partner to clearly define the agreed terms and conditions for the service. The Purpose of this Project Agreement is to set forth the terms and conditions under which Resume Professional Writers (The Company) and Client will agree. Whereas, Client hereby hires the service of The Company to provide a custom-made resume and other related services included in the purchased resume writing package.
Writing services agreement as the main topic of universities essay with using paper writing services A cultural analysis agreement services writing is about who or on the rosetta stone. A firm first makes a reader to act. Written agreements are legal and binding documents that define the obligations of all parties involved, whether it be for a project, good or service.